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Patna High Court

Jagdish SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for bail is allowed, and the petitioner is released on bail subject to conditions.

Summary

Jagdish Sah, a 73‑year‑old vendor of a sale deed, applied to the Patna High Court for bail after learning that he might be arrested in connection with Town P.S. Case No. 209 of 2025. He was charged under Sections 319(2), 318(4), 338, 336(3), 340(2), 341(1) and 61(2) of the Bharatiya Nyaya Sanhita for allegedly interpolating land details in the deed. The petitioner contended that there was no criminal antecedent, that the alleged error could be a mere typing mistake, and that neither he nor the vendee had raised any complaint. The State opposed the bail, relying on the seriousness of the offences listed. The Court examined the facts, the petitioner’s age, lack of prior record, and the possibility of a clerical error. It concluded that the circumstances warranted the grant of bail. Accordingly, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482 of the BNSS and Section 438(2) of the CrPC.

Issues considered

  • Whether bail should be granted to the petitioner despite charges of interpolation in a sale deed under the Bharatiya Nyaya Sanhita
  • Whether the alleged typing error and the petitioner's senior age justify bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • interpolation in sale deed
  • Bharatiya Nyaya Sanhita
  • senior citizen
  • property fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88346 of 2025
                   Arising Out of PS. Case No.-209 Year-2025 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Jagdish Sah S/O Late Saukhi Sah @ Late Soukhi Sah R/O Village - Bahadur
                 Pur,Ward No 23,P.S - Town, District - Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Thakur Brajesh Singh, Advocate
                 For the State           :        Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Town P.S. Case No. 209 of 2025 instituted under Sections

                   319(2), 318(4), 338, 336(3), 340(2), 341(1) and 61(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. The petitioner and others have interpolated in the

                   details of the land in the sale deed.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is 73 years old and he is the vendor of the sale deed

                   and he has no criminal antecedent. Neither he nor the vendee

                   has any complaint with regard to the details of the land which

                   have been transferred. It might have so happened, that there

                   would may have been typing error, which would have been
           Patna High Court CR. MISC. No.88346 of 2025(3) dt.26-02-2026
                                                       2/2




                     corrected by someone.

                                  5. Considering the facts and circumstances of the

                     case, this application is allowed.

                                  6. Accordingly, in the event of arrest or surrender

                     before the Court below within six weeks from today, the

                     petitioner, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Samastipur/concerned Court in connection with

                     Samastipur (Town) P.S. Case No. 209 of 2025, subject to the

                     conditions laid down in Section 482 of the BNSS/ 438(2) of the

                     Code of Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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